Bridgewater councilors balk at contracts signed by Clarkson

Wednesday

Jun 27, 2012 at 12:01 AMJun 27, 2012 at 12:13 PM

Bridgewater town councilors said former Town Manager Troy Clarkson left them with a very unwelcome going away present: he inked contracts at the last minute with several department heads without the Council’s knowledge or approval.

“We’re basically being asked to authorize an unauthorized appropriation of funds after the fact,” Councilor Mike Demos said.

Rebecca Hyman

Bridgewater town councilors said former Town Manager Troy Clarkson left them with a very unwelcome going away present: he inked contracts at the last minute with several department heads without the Council’s knowledge or approval.

“We’re basically being asked to authorize an unauthorized appropriation of funds after the fact,” Councilor Mike Demos said.

At the Council’s request, Interim town Manager Richard Kerbel brought contracts before the Council for approval for the police chief, fire chief and town accountant last week that had already been signed by Clarkson and implemented in the case of the police chief and accountant.

Kerbel warned that the town could be sued for breech of contract if the Council shoots them down.

“This is an impossible situation and I feel I’ve made it worse,” Kerbel said.

The crux of the dispute centers on whether Clarkson should have brought the contracts before the Council for ratification.

The charter states the town manager is responsible for the negotiation of all contracts with employees, but “Insofar as they require appropriations, contracts shall be subject to the approval of the Town Council.”

But Clarkson, whose last day on the job was April 20, said the police chief’s contract could be funded within the existing budget for this fiscal year, which ends June 30, and that increases in future years are not “appropriations” but are merely part of the regular budget process.

The Council had rejected two previous contract proposals for Police Chief Christopher Delmonte at the time he and Clarkson signed a contract in February.

The other two contracts, for the fire chief and accountant, did not come to light until after Clarkson’s departure, but Kerbel said Clarkson maintained they also did not require appropriations or approval.

And Clarkson had obtained legal opinions backing up that position, at least in the case of the town accountant and police chief’s contracts, Kerbel said.

But several councilors cried foul, saying Clarkson had circumvented the rules and defied the clear intent of the charter that contracts with monetary implications must be approved by the Council.

Kerbel took issue with Demos’ use of the term “unauthorized appropriation.” He said all the parties who signed the contracts believed Clarkson had the legal authority to do so.

Fire Chief George Roger Jr.’s contract, which adds a 12 percent longevity boost, was signed on April 17, three days before Clarkson’s departure. The chief’s old contract was not set to expire for a couple of years.

“I’m appalled I’m finding out contracts were signed and all these things took place without the Council’s knowing. It’s no fault of yours, sir, but it’s our fault if we don’t say this isn’t the way it should be done,” Councilor Peter Riordan said.

Kerbel promised the Council he wouldn’t implement any additional increases until the Council approves the contracts.

Councilor Michael Berolini said the contracts are overly generous and he doesn’t support them. Town Accountant Janine Smith’s contract, signed in March, also includes longevity pay that boosts the bottom line, he said.

“The prior town manager put us in this rotten situation,” Berolini said.

But Councilor William Wood questioned the wisdom of rejecting the contracts.

“Then what? We go back to the negotiating table. The police chief hasn’t had a contract since 2010. The town accountant’s is a small increase that fits into the 3 percent model and the fire chief has taken on additional responsibilities,” Wood said.

Kerbel said it’s debatable whether the contracts required Council approval from a legal standpoint.

But, he said, he believes Clarkson should have brought them before the Council to foster a spirit of “teamwork” between the Council and manager.

But the contracts are “fair” and he urged councilors to sign them, he said.

In fact, he said, it’s likely there are employees in the police department whose total compensation will exceed the chief’s and that may be the case in the fire department as well even with the new contract provisions.

“I’m very concerned about litigation. I don’t want to go there,” Kerbel said.

He said a court case would likely not be a “slam dunk win” for the town.

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